The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-05-04

which were admitted in the argument
TO be all the facts in the case do not
constitute offense against the United States
and the commissioner was therefore without jur
isdiction TO conduct the examination, and Perk-
ms guilty of contempt in refusing to be
sworn and to testify witness.
This language. chosen with manifest reference
70 the opinion OF the Supreme Court, in Clarkes
case, instead of containing a general denial of
Jurisdiction in this court over these matters,
when looked at in the light In which you are
asked to view them, conveys plain suggestion
of the very grounds of jurisdiction now proposed;
that is to say, that there was removal of the
papers from lawful custody: that there was neg
lect and disregard of duty in respect to the Gus
rody by officers; and that others who were under
no official duty unlawfully induced and procured
and entered into conspiracies to procure omis-
so7s and disregard of duty by the officers in re-
SD, i to the custody of the papers
These phases of the facts which. though not
specifically stated in the affidavit filed before the
commissioner, might have been brought forward,
if not under the general terms. at least as being
within permissible amendments of the
affidavit, wholly excluded from
the consideration of the Circuit Court. by force
of the rected admissions of counsel in argument
on the appeal and so tine decision of that court
in respect to the power of the commissioner ito
conduct the examination" was made to cover
only the particular ground stated. While, there
fore, that opinion establishes for this court the
rule that the mere alteration of the returns of
election in respect to local candidates or OFF,
only, even though the returns of the con-
gressiona election be contained in the same pa
pers, if the alteration be accomplished without
disturbing the custody of the documents and
without putting the genuneDess and truth of
the papers in respect to the congressional cleo
ton in question doubt, will not be deemed to
affect that election and. therefore, will not be
cognizabie a federal offense; this is the full
length to which the decision goes, and it re-
mains unquestioned as decided by the Supreme
Court, that an omission or disregard of duty in
respect to the custody of returns by officer to
whom the custody is by law intrusted, does
affect the election in respect to Congressman, as
well as in respect to local contests, and. there
fore, within both the letter and spirit of the
national statutes, does constitute crime against
the United States, by the officer and by all who,
acting separately in conspiracy, induce or pro-
cure him to neglect or disregard such duty.
i do not forget. gentlemen nor expect you to
overlook that these are noitical matters. Viola
tons of law in regard to national or State cleo
hardly be otherwise than political.
But would impress it on you that these of
fenses and proper investigation of them
not partisan matters Only the interested-the
suspected and their friends. and overzeaous, In
considerable partsanS-would try to make
believe they party matters, either for de-
tense or attack The motives for such crimes,
generally. if not always. are not partisan, but
individual or personal, and consequently in the
very nature of things it is impossible for the
perpetrators with all the aids which they
command. to impose just responsibility for
their lawless misconduct upon great political
organizations such rule this country A
party healthy and strong enough to draw to
itself and hold in loyal membership half or more
of the voters of the Nation or State, or even of
a county or city like this county and city, can
not and will not tolerate contacion
whatever party will '" desire D the speedy de-
lection and condign punishment of all
who do such deeds. and it, perchance placed. as
you and happen to be, under special and Off
cial duty to enforce the laws, would not hesitate,
even though it should be necessary, it has
been to some. in these matters. to advance in
the face of threats and of libelous contumely.
Your fidelity and fortitude not to be doubted.
You will regard your oath, though like the oath
OF inspector or judge of election, its violation
involves no penalty or sanction, outside of con-
scnece, except your good or bad conduct may
meet the approval reprehenson of men.
You will, of course indct none through malice
i'll will-personal or partisan; and, equally, it
is not to be presumed that you will consent,
through fear or favor-personal or partisan-to
become accessories after the fact to crimes
which You required to investigate. In all
your indictments you will return the truth it
shall seem to you TO be.
Communication to the Criminal Court
The election conspirators had their equanim-
ity disturbed again yesterday morning, when
Captain Ritter who prosecuted them before the
grand jury, appeared before Judge Irwin and
submitted a communication of some sort, touch
ing upon the action of the grand jury in failing
to return indictments against the men who COM
mitted the forgeries. When the communication
was submitted to Judge Irwin he hastily glanced
over it and then laid it away in a private drawer
for future consideration. Shortly after it had
been submitted Prosecutor Mitchell, Captain
Ritter, and Judge Irwin met in consultation in
the Judges private room, but what passed be-
tween them could not be ascertained Judge
Irwin refused to make public the nature of tn
communication until after he had considered it,
which no will do some time to-day. Captain
Ritter and Major Mitchell were also uncomnun-
icative.
Captain Ritter, however did not hesitate to state
that his services as assistant prosecutor for the
present grand jury were at an end From the little
that could be gathered regarding the commun-
cation it is believed TO be the resignation of Cap
tain Ritter unless the three grand jurors who
refused TO return indictments discharged
coupled with charges against, perhaps, two of
them AS to what the charges are there are
various opinions. Renhan is on the appeal
bonds of all the conspirators who were before
Commissioner Van Buren,. and that fact
alone, it is claimed. should be sufficient to put
him off the jury AS to Mathews. he is mem
Der of Sim Coys county central committee, and
has worked hand 10 hand with him through the
campaign. Captain Ritter stated last evening
that the duty of calling the courts attention to
any misconduct of juror would deyolve upon
Major Mitchell From that remark many be-
leve that in the communication he simply called
the courts attention to the fact that there had
been misconduct on the part of some of the
jurors. and suggested that the matter be inquired
into
There is another surmise. to the effect that the
communication calls the courts attention to the
leak in the grand jury that all who have been
around the court house for the last two months
know about During the last session of the jury
the gang" posted all the time to what
going in the secret council and even
allowed themselves to become jubilant the
information they received. Whatever the secret
communication may contain IL has created a stir
among the conspirators and they were putting
their heads together about the courthouse last
evening TO prepare for an emergency.
-ae---
Army and Navy Quarreis.
Philadelphia Evening Telegraph.
1t is strange what trifles army and navy men
will Quarrel over. The service is kept in a
slant state of irritation by petty personal SQUAD